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Bacon's Laws of Maryland
Volume 75, Page 717   View pdf image (33K)
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I    N    D    E    X.

 
WAREHOUSES.

shall be allowed 32 lb Tobacco per Day, in the
next County Levy, for his Attendance.  Ibid. §. 149.

    12.  If any Warehouse happen to be burnt, the Loss
of the Tobacco sustained thereby, shall be made good
to the Sufferers out of the Public Levy, at the next
Session after such Loss.  And in such Case no Inspector
shall be sued or molested for Notes by him given,
for any Tobacco burnt therein, but shall be altogether
discharged from Payment thereof. Ibid.  §. 54.
    13.  If any Warehouse be burnt thro' Negligence of
the Inspector or Inspectors thereunto belonging, such
Inspector, &c. shall forfeit 16,000 lb Tobacco; to be
recovered and applied as aforesaid.  Ibid.  §. 147.
    See House-breaking, 2.  Inspectors, 1, 2, 40, 41.
        Inspectors Notes,
13.  Tobacco Inspected, 12.
WARRANTS.  See Constables, 8, 9, 11.
WASTE.  See Guardians, 5, 16, 17, 20, 21.  Indians
    Lands,
16, 17.  Orphans, 14.  Widows, 7.

WATER-MILLS.

    1.  Any Person desiring to set up a Water-Mill on
any Land next adjoining to any Run of Water, not
being his own Possession or Freehold, may purchase
out of Chancery, a Writ of ad quod Damnum, for
taking up Twenty Acres of Land, viz.  Ten Acres on
one Side, and Ten Acres on the other Side of the Run

of Water.  1704, ch. 16, §. 2.
    2.  In case the Owner of such Land, upon Return
of the Writ, shall refuse to build a Mill thereon within
One Year from that Date, and give Security to
prosecute and finish the same within Two Years after
laying the Foundation; a Grant thereof may be made
by the Governor, according to the Writ, together
with free Egress and Regress to the said Water-Mill,
with Liberty of falling any Timber (other than Clapboard
Timber) for building the said Mill, for any
Term not exceeding Eighty Years, under the Yearly
Rent returned, on Oath of the Jury, by virtue of the
Writ aforesaid, to be paid to the Owner of the Land.
Ibid.
    3.  The Grantee, before obtaining such Grant, shall
give Security in 50,000 lb Tobacco, that he shall begin
to build the Mill within One Year, and finish the
same within Two Years after such beginning.  Ibid.
§. 3.
    4.  Two Years to be allowed such Grantees for new
erecting, building, finishing, and repairing any Water-Mill,
which shall be casually broke or gone to Decay.

Or in Default thereof, the Owner of the Land may
re-enter upon the same, by Ejectment or Otherwise,
as the Law directs.  Ibid.  §. 5.
    5.  Millers, &c. taking Toll above One Sixth Part
of Indian Corn, or one Eight Part of Wheat for
Grinding, shall forfeit 1000 lb Tobacco; One Half
to the Support of Government, the other Half to the
Informer, to be recovered in the County Court by
Action of Debt, &c.  Ibid.  §. 6.
    6.   The Owners, &c. of any Water-Mill built on
any Branch, &c. where any Public Road crosses, shall
make the Top of their Dam Twelve Feet wide at the
least, and make good and sufficient Bridges over the
Waste and Race of such Mills, and keep the same in

good Repair.  And if erected where the Public Road
passes below the Dam, shall make a good and sufficient
Causeway across the Branch Twelve Feet wide, and
make a good and substantial Bridge over the Mill tail,
and keep the same in good Repair; on Forfeiture of
Twenty Pounds Current Money for Refusal or Neglect
to comply with this Act; One Half to the County
Charge, the other Half to the Informer.  But such
Owners shall not be obliged to send their Taxables to
work on any Part of such Road, except the Dam,
Causeway, Race and Waste, aforesaid.  1753, ch. 16,

§. 2.
    7.  Owners, &c. of Mills erected since the 2d October
1753, or hereafter to be erected on any Branch below

WATER-MILLS.

the Places where any Public Road shall cross, by the
Building, whereof such Public Road shall be any Way
injured, or its Passage obstructed, &c. shall, within
Three Months after building such Mill, make good
and sufficient Bridges and Causeways, Twelve Feet
wide at the least, over such Branches or Runs, at the
Place where the Public Road crossed such Branches,
&c. and the same maintain and keep in good Repair,
on Penalty of Twenty Pounds Currency, and the like
Sum for every Two Months Neglect thereafter:  One
Half to the County Charge, the other Half to the
Informer.  But such Owners shall not be obliged
to send their Taxables to work on any other Part of
the Road, except such Bridge or Causeway.  1756,
ch. 12, §. 2, 3.
WEIGHTS.  See Standard, per Tot.  Warehouses,
   
5, 6, 11.
WEIRS.  See Harbours, 2.
WHARFS.  See Warehouses.
WHIPPING.  See Coins, 1.  Cursing, &c. 3.  Harbourers
    of Servants and Slaves,
3, 4.  Inspectors, 49.
    Negroes, 7, 21, 23, 25, 28, 40, 43.  Quakers, 6.
    Seals,
1.  Servants, 4, 6, 13, 17.  Thieving, 2, 3 , 5.
    Tobacco Inspected,
5, 6.
WHITE MEN or WOMEN, begetting or bearing
    Mulatto Children. See Negroes, 3-6, 33.

WIDOWS.

    1.  Widows of Intestates, after a full Account of
the Estate being made by the Administrator, shall have

One Third of the Surplusage, in case there be Children.
1715, ch. 39, §. 4.
    2.  If there be no Children, nor legal Representatives
of them, then the Widow shall have one Moiety
of such Surplusage, and the other Moiety shall be divided
equally among the next of Kindred, in which
no Collaterals shall be allowed after Brothers and Sisters
Children.  Ibid.  §. 6
    3. And if no such Collaterals, then the Widow
shall have the whole Residue.  1719, ch. 14, §. 4.;
and 1729, ch. 24, §. 19.
    4.  Where a considerable Part of the Personal Estate
is devised to the Wife; and it doth not appear by the
Will or Codicil, that the Testator intended such Devise

as a Legacy only, and that she should nevertheless
have her Thirds of his remaining Estate; such Widow
shall, within Forty Days after Probat of the Will,
make her Election before the Commissary, whether she
will be content with the Devise, or have her Thirds
and release the Devise:  If she make her Choice of the

Devise, she shall thereby be for ever barred from claiming
her Thirds:  If she renounce the Bequest, she shall 
have her Thirds and be barred of the Devise; but
shall not have both:  And if she neglect making such
Election within the Forty Days, she shall then be concluded
by the Bequest.  But such Bequest shall be
liable to pay the Testator's Debts, as any other Part
of his Estate is or ought to be.  1715, ch. 39, §. 35;
and 1729, ch. 24, §. 10.
    5.  Where any Part of the Husband's Real Estate is
devised to the Wife, and it does not appear from the
Will, that he intended her such Part of his Real
Estate besides her Dower, such Widow shall make her

Election within the Time aforesaid, whether she will
accept of the Devise, or the Third Part of her Husband's
Real Estate of which she is endowable:  And
her Acceptance  of the Devise, shall for ever debar her
of her Dower out of the Rest of the Real Estate:  And
her Acceptance of her Dower, shall be adjudged a full
Recompence of her Devise.  And if she neglect to
make such Election within the Time aforesaid, she
shall be concluded by the Devise, and barred of her
Dower, unless it appears to have been the Design
of the Devisor, that she shall have both the Devise
and Dower.  1715, ch. 39, §. 36; and 1729, ch. 24,
§. 11.



 
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Bacon's Laws of Maryland
Volume 75, Page 717   View pdf image (33K)
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